Monthly Archives: June 2013

Elements of Sexual Assault Crown must prove in an Ontario Criminal Proceeding

The 4 elements of  the offence of sexual assault that the Crown must prove beyond a reasonable doubt  are: the defendant intentionally applied force to the complainant, the complainant did not consent to the force applied, the defendant knew that … Continue reading

Sentencing Aboriginal Offenders

A sentencing judge has a statutory duty, imposed by s.718.2(e) of the Criminal Code of Canada to consider the unique circumstances of Aboriginal Offenders. This applies regardless of both the seriousness of the offence and whether defence counsel has raised … Continue reading

Disclosure in Canadian Criminal law

The Crown in criminal proceedings has a duty to disclose all relevant information so that the accused can make full answer and defence. The right to a full answer and defence is protected by section 7 of the Canadian Charter … Continue reading

Fresh evidence in Canadian Criminal Proceedings

An Appellate court has the power to admit “fresh evidence” in criminal appeal proceedings, however a test must be met. The test for the admission of fresh evidence on appeal can be summarized as follows: The evidence should generally not … Continue reading

Sentencing in Criminal Cases

The principle of denunciation in criminal sentencing focuses on the conduct of the offender, not on the personal characteristics of the offender. It is a public expression of society’s attitude towards an offence committed, an expression of society’s disapproval of … Continue reading

Adequate Jury instructions

Adequate instructions to the Jury require more than a review of evidence . These instructions should contain at least the following 4 elements: The factual issues to be resolved; The law to be applied to those issues and the evidence; … Continue reading

Testifying in Criminal Proceedings via Video link

Section 714.1 of the Criminal Code of Canada provides that the court may permit a witness to testify from elsewhere in Canada via video where “it would be appropriate in the circumstances”, including: a. the location and personal circumstances of … Continue reading

Deterrence in Canadian Criminal Sentencing

The deterrence principle often is cited in cases in Criminal Sentencing of offenders. There are two aspects to the principle. They are general deterrence and specific deterrence. Specific deterrence relates to the offender himself and aims to deter that offender … Continue reading

Police duties upon arrest or detention of an accused

In Canada, there are duties imposed on the police upon arresting or detaining an accused. The duties include: (a) to inform the detainee of his or her right to retain and instruct counsel without delay and the existence and availability … Continue reading

Voluntary statements by an accused in Criminal Proceedings

To be admissible in evidence, the Crown must prove beyond a reasonable doubt that the defendant’s statements to the Police were voluntary. Voluntariness requires that any statement or utterance not be obtained by either fear or prejudice or hope of … Continue reading